Driver says he has habit of holding mobile phone

A driver who told Sligo District Court he has a habit of holding his mobile phone even when not using it while driving had his case adjourned and told he won’t be convicted. Before the court was James Cawley of Emlagh, Riverstown who was summoned for holding the phone at Carraroe on March 1st 2017.

Mr Gerard McGovern, solicitor (defending) said the defendant travelled a lot for work between Ireland and the UK and his van was registered to a company here.

There was a bluetooth system in his van. Cawley told the court he ahd had a habit of holding the phone while in his van. He couldn’t remember if he was on the day he was topped.

He claimed he didn’t receive the fixed charge penalty notice. He’d have paid it if he got it he said. The company’s address was also his accountant’s, Main Street, Riverstown. The summons for the offence arrived in the post there.

Judge Kevin Kilrane told the defendant that he believed he did receive the notice but the offence carried five penalty points and he didn’t want to cause any impediment in his trying to get his business back on the road.

The case was adjourned to December 13th next and the Judge said if there were no further offences he would deal with the matter short of a conviction then.

“He may also show me then other reasons why he won’t pick up a conviction.

“I’ ll say no more than that,” the Judge told Mr McGovern.